Sabio v. Russell (472 So. 2d 869, 1985)

PER CURIAM.

Sabio appeals an order finding section 741.30, Florida Statutes (Supp.1984) unconstitutional and dismissing her petition, made pursuant to that section, seeking protection from domestic violence. We vacate the order appealed from with directions.

It is apparent from the record that Russell was never served with process and was not before the trial court. He is likewise not before this court. Consequently, any .adjudication as to the unconstitutionality of the enactment at issue constitutes an advisory opinion which neither court is authorized to issue. Sarasota-Fruitville Drainage District v. Certain Lands, 80 So.2d 335 (Fla.1955); Ervin v. Taylor, 66 So.2d 816 (Fla.1953). Accordingly, the order under review is vacated with directions to reinstate the petition.

Vacated with directions.